Case Summary
Self Employers Leasing and Finance Ltd. is the plaintiff seeking repayment of a loan amount disbursed to the defendants. The defendants defaulted on repayment, leading to this suit for realization of the outstanding amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹67,342 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting them the repayment of the loan amount along with interest.
Why Plaintiff Won:
The plaintiff's evidence, including the loan agreement, was undisputed, and the defendants failed to present a defense.
The plaintiff's evidence, including the loan agreement, was undisputed, and the defendants failed to present a defense.
Losing Side's Weaknesses:
The plaintiff's evidence, including the loan agreement, was undisputed, and the defendants failed to present a defense.
The plaintiff's evidence, including the loan agreement, was undisputed, and the defendants failed to present a defense.
Supporting Evidence
The plaintiff was examined as PW1. The plaintiff's averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 67,342₹ (Rupees Sixty Seven Thousand Three Hundred and Forty Two Only) with interest thereon at the rate of 6% per annum for the principal amount of 50,000₹ (Rupees Fifty Thousand Only) from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Self Employers Leasing and Finance Ltd.
- Party Role
- Defendant
- Party Name
- Soniya Roy
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Roy C.A.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bibin K.Babu
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anish A.K.
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Loan Application, Demand Promissory Note, Agreement executed between the plaintiff and the defendants, Computer print out of the statement of accounts, True Copy of Lawyer’s Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Benny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.James Mathen K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are ordered to pay the outstanding loan amount to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants to pay to the plaintiff the sum of 67,342₹ (Rupees Sixty Seven Thousand Three Hundred and Forty Two Only) with interest thereon at the rate of 6% per annum for the principal amount of 50,000₹ from the date of institution of the suit till the date of realization of the sum.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence submitted by the plaintiff to establish the loan agreement.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the promise of repayment by the defendants for the loan received.
Reference:
Ext.A2
Document Type:
Agreement executed between the plaintiff and the defendants
Submitted By:
Plaintiff
Relevance:
This document outlines the terms agreed upon for the loan disbursement.
Reference:
Ext.A3
Document Type:
Computer print out of the Statement of accounts
Submitted By:
Plaintiff
Relevance:
This document provides the financial details relating to the loan disbursement and payment history.
Reference:
Ext.A4
Document Type:
True Copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document shows the formal demand made by the plaintiff for the repayment of the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is a record of the sending of the lawyer's notice to the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer's notice by the defendants.
Reference:
Ext.A7
Document Type:
Photocopy of the Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
This document establishes the legal identity of the plaintiff as a registered society.
Reference:
Ext.A8
Document Type:
Photocopy of the resolution
Submitted By:
Plaintiff
Relevance:
This document records a decision made within the plaintiff organization relevant to this case.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between Self Employers Leasing and Finance Ltd. vs Soniya Roy et al regarding realization of money.
Case Code Year
Case between Self Employers Leasing and Finance Ltd. vs Soniya Roy et al regarding realization of money.